Rights of light - update

In the last edition of the Informer we looked at the case of HXRUK II (CHC) Ltd v Heaney where a developer was ordered by the court to demolish part of an office block in central Leeds which infringed a neighbour's right to light.

Those involved in property development will not be happy to learn that the developer in the Heaney case has recently abandoned his appeal to the Court of Appeal, leaving uncertainty as to whether this case marks a hardening of judicial attitude in this area. This is likely to mean developers having to negotiate earlier and pay more to develop without risk of injunction and the possibility of more rights of light cases before the courts in the not too distant future.